day and have a great one. we look forward to it and "fox and friends" starts right now. ♪ ♪ "fox and friends". >> gretchen: >> steve: good morning america, it is election day and the polls are open. it is so exciting. president obama and republican challenger mitt romney closing out a hard fought and expensive battle for the white house. voters facing a choice between two different visions . number one concern is the economy and which of those two guys will fix it in the next four years. >> gretchen: as we speak the polls are opening. connecticut, vermont and virginia and new york . very first votes cast in new hampshire . polls open there in midnight. and dicksville notch voters splitting it down the middle.

five for president obama and five for mitt romney and 50 time ever there. and in another new hampshire village. obama won with 23 votes and mitt romney received nine and libitarian gary jaunce one vote. >> and that is the way it will be all day long as the race is really close. >> steve: both candidates in a virtual tie according to the polls. look at these guys. live in chicago where the president just arrive will watch the ballots come in. and phil keating in the swinger state of voting where early voting is controversial. john, mitt romney will be the first to vote this morning. >> after a long and tortious 18 months it is finally over except that it is not over. after he vote in massachusetts, mitt romney

will head to cleveland for get out of the vote and pittsburg and pennsylvania has been narrowing and try to get more votes out there in the area of the state that tends to trend republican. in new hampshire, a huge close out, a moment six years in the making. final big campaign event of his campaign. kid rock leading it off and had 12,000 people in the hockey arena and tried to whip up the crowd with an optmistic vision of how the united states will be in a romney. >> we are one day away from a fresh start and a new beginning. [applause] my conviction is that better days are ahead and that's not based on promises or hollow rhetoric but solid plans and

unshakable belief in the greatness of the american spirit . >> romney will take the day to squeeze out every last vote. it is down to the ground gave. the governor has managed to narrow and some turned around. if he hope to move from massachusetts to dc, he has to get a big turn out today . specifically watch for enthusiasm with the republicans and watch what the independents do. >> steve: we'll be watching. >> gretchen: we just mentioned the president arrived in chicago and this is brand new video. and wendall gore is live with us. >> the president did the last campaigning for himself and see if a future democratic president will bring it out like mr. obama brought out president clinton. he will have basketball game

with friends and time at home and mr. obama will have dinner with the family before sitting down to watch the election returns. in ohio, battle ground state he visited more than any other and likely decide whether he will return to the white house. he was introduced by bruce springsteen and jay z . later in iowa, the state that his bid. spring steep and mr. obama got teary eyed as he thought about the past. >> you said yes, we can and we did. and we didn't know the challenges . we knew we would get through those challenges the same way the nation always has. with that determined unconquerable american spirit. >> now by tradition . both the president and mitt romney would be out of sight much of the day. mr. obama is doing satellite

interviews with radio and tv stations and mr. mitt romney campaigning in ohio and pennsylvania. >> thank you so much. >> brian: for mitt romney that was a last minute decision and they decided to do it while the president plays basketball. wendall. we need one more guy. >> brian: we will cover it. and both candidates fighting for florida electoral votes it will be close. in 2008 president obama beat mccain. but it shows mitt romney is slightly ahead there. >> poll precinct workers are showing up first voters will line up. we are on the west side of the critical i-4 corridor.

and the south florida miami-dade and brower tend to vote for democratic nominee and northern and panhandle a lock for the republican. and that's why the swing corridor is so critical. four years ago obama won boy 7 points and before that bush bet kerry by 7 points and there is a lot of enthusiasm and competition between mitt romney and president obama. early lines of and days of voters in broward and palm beach county and yesterday, another 45,000 early votes state wide and select counties allowed in person absentee ballot and technically and legally it was set to end 7:00 p.m. democrats filed suit and tried to extend the hours and governor scott never agreed to

that and those were not extended. here are the early look. floridians. four and half million floridians have already voted in the presidential election . there is roughly 12 million registered voters and a today nine million people vote as expected half of all floridians have already cast their ballots. keep in mind a late day for florida. 10 counties are in the central time zone. >> gretchen: it is interesting, we look at polls and registered voters. but something that people don't talk about . even if you are registered republican and democrat. i know several friends who are registered one way and they're voting the other way. it is not an indication of where things stand. >> steve: the republicans say

that one of the things, we have heard the stories, democrats are doing better in early polling. rnc put out a memo that said the democrats were cannibalizing from people who normally rote and getting them to vote early and that is to the republican's advantage. generally on election day republicans have historical advantage. more republicans vote today than democrats. >> brian: i hope one percent of rain it is one percent less of a turn out . if your name is listed first on the ballot, you will get three percent more in the vote. other times it goes according to the party of the governor in your state. a lot of people think florida went to president bush because it was before gore. >> gretchen: my husband was

the fifth voter in the greenich, connecticut. what does the weather have to do with it? there are a few trouble spots. we'll go to maria molina in the weather center. >> it looks like we have a couple of trouble spots here and there. it is a quiet weather day today. and tomorrow not so much in the northeast. we'll keep you posted later today. and temperatures today in the northeast, cool and below freezing x. high temperature and forecast 44 with sunshine . across the southeast, we have a storm system that is producing heavy areas was rain in florida and georgia. expect to continue to see showers and isolated thunderstorms n portion of the great lakes. showers in wisconsin, and some of those rain showers could come in the form of snow as we have cooler temperatures out there. keep that in mind.

slippery roadways is a issue. widespread sunshine and 91 for a high in phoenix and 80s in l.a. guys. >> and so thank you very much. there is no reason not to vote according to the weather. but in nigh state of new jersey, if you don't have electricity you can e-mail or fax them. hold on, how do you e-mail or fax? >> brian: big help. thanks. i love this. 70 cars on line at 3:30 to get gas let alone. this is a disaster. >> steve: it is not good. >> gretchen: head leans for - headlines. the consulate could not defend can against a coordinated attack. one top official said the national security council sees everything. if libya was an interest the

national security office saw it. it was sent less than one month before the attack. nuclear powered russian attack subcoming within two hundred miles from the united states. it was taken part with the navy base. it was not a provocative act and the u.s. successful low detected the sub. pilot under arrest accused of car jacking a driver hours before he was to fly. he jumped in the back of a stranger's car and then pulled out a gun and hit the pilot with it. but the pilot manage to drive off with the car. he was charged with driving under the influence and theft. did and the airline defended him. he was not behind the wheel in

the cockpit. >> brian: guess who is out of bed. evan bayh with us and talk to them about the democratic leading state. could it really go to romney's column? and the clintons, bill clinton was crambled throughout pennsylvania and the obama people were worried. snoall part of the buba bail out. and making pot legal on the ballot but not for medicinal purposes and but we'll tell you why as we roll on. >> brian: they're doing last minute campaigning in ohio. they are bugging people and take a look. >> i ask for your vote and i am about to be the next president of the united states. get out well and vote. >> let's make sure we get everybody out to vote on tuesday .

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>> brian: one of governor romney's final state to campaign is pennsylvania. obama won it in 2008 can romney take it away from obama? chairman of the victory center . pete snyder and former senator evan bayh. do you believe it it is in play? >> historically it is inclined to the demdeps, but the polls are closing and largely depends on who vote. if young people and minorits vote in the same percentages, it will tilt to the president.

but if conservatives and republicans fired up upset is possible. >> brian: so ed rolins eight swing counties that being decide the whole thing and there is a lot of independent voters who have been going in the romney colume. is that one of the reasons. >> it is one of the reasons and a lot of move a state that used to have reagan democrats in the middle of the state and pittsburg and it is worth taking a try. >> steve: it is piling up blue collar white voters in the southwest, peat? >> this is never obama country, this is hillary country. ed randel and governor of pennsylvania compained hard for hillary and barack obama had a hard time to get traction is right for pick off. >> brian: the fact that bill clinton goes to four separate

stop doesn't that show concern on your party's side. >> it shows there is a concern or they are taking nothing for granted. i am inclined to think it is the latter but you never know. there is a reason you play the game. pennsylvania, it is surprisingly close. no one thought we would be talking about pennsylvania this morning. >> brian: we'll take a time-out. but regardless of who wins, talk about congress, it is known for being dysfunctional and grid lock. can today's election change that with the house or senate or new president? then what does the united states have in common with greece? the worry is just plan pathetic . ♪ ♪ with 160 more miles per tank,

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>> gretchen: 22s after the top of the hour. quick headlines for you. america's per person debt 30 percent higher than that of greece. 53, 400 for every man, woman and child compared to $39,000 for every man, woman and child in greece. today voters could make washington state the first state to make and use and sell marijuana. you would have to be over 21 to buy over a licensed dealer. the federal government can challenge the legality. >> brian: candidates, convincing the american people

is half of the battle. they have to convince 535 memberings of congress to take their side, too. who better to do the job. back to the political panel who experienced that for themselves x. first of all for the middle of gridlock, how do we break it can they do. >> if romney gets elected you start with a new day. the republicans would try to move something forward and if the president gets reelected you start where you are today with a lot of the grid lock. >> brian:ent senator baye. you said no one was doing anything. do you see it changing if president obama gets another four years. >> i think he will think about his legacy and there is a chance and he will probably move to the middle and embrace the simpson-bowles report and

make compromises with the entitlement reform. my guess he would be willing to do that. immigration reform. the republican party needs to deal with it and work together there. and education reform. the president made steps there to try to improve the quality of education and i think he will reach out to republicans on that. outside of that there will be a fair amount of fighting. >> brian: bottom line it has to come to leadership. >> that's the problem with the president. he's leading from behind. look at his record. next to no outroach to the other side and no outroach to independents. he is solely about the liberal base and that's why his policy are disaster for the economy and why we need a change. >> brian: here is both men on the issue and we'll talk.

>> i will work with anybody of any party to move the party forward. you will vote for leaders who feel the same way. >> when i am elected. i will work with republicans and democrats in office and meet regularly with their leaders. >> brian: who do you believe? >> i believe romney with the opportunity. the problem with the president he's not done so for his own party. they have moved to chicago and ran his campaign and spent more money for the campaign and didn't help the democrats. my sense he will start ground zero. >> brian: senator, it matters and you have to reach across the aisle. behind the scenes that ticks your party off if you are not there for them. >> personal relationships matter and campaign support does matter. if the president is reelected he will think of his legacy

and that means getting things done and in a devoided congress he will have to reach out. i don't think there will be choice except for either man if they reach out. >> brian: it is about the legacy. i understand you are telling the truth and real quick, pete. john boehner said i am not budging. if i am speaker that's the american people saying we like what the house is doing. >> this is a country that doesn't want to be crippled by debt. 16 trillion of debt and lenn of it due to president obama. and i think john boehner needs to hold firm. >> it is going to be an exciting day and wednesday. and senator baye thank you so much and peastthank you. long day. thank you so much. i will toss over to steve and

gretch. >> steve: way over here. excellent panel this morning. we promise them breakfast today? we >> brian: we don't have pastries. >> steve: if we do ed will find them. he came to united states to escape social yimp stewart varney has a warning america ised hading in the same direction as bret brit. >> gretchen: we are minutes away from polls opening and peter doocy is in virginia, peter? >> gretchen, the polls are open here in richmond. the is a long line of folks waiting to vote. and happy birthday rebecca romaine. she's 40. ♪

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voterser are lined up in staten island, new york. that region battered from monster storm hurricane sandy. and polls opening in three more states. votersing under way in north carolina . west virginia and ohio. the state that could decide the winner tone. >> brian: word is confusion. people in staten island is lucky ones. people go how do i vote. and staten island and long island. >> gretchen: in new york any polling station they will take your vote. >> brian: it would be nice if they told the people of new york that. they don't have power. and doocy is playing center forward on this one in richmond, virginia and william is tracking reports of voters fraud on the west coast . we have chosen by popular support to go to bin.

keck us off. >> here we go. it is game time now. you have 10s of thousands of volunteers and 40,000 poll workers who are dispatched to 4800 different polling locations in what many perceive as a must win state for the presidency . because of all of the lads and person attention that voters got here through district mail and e-mail . early voting set roars. final total was 1.8 million ballots were in the buck eye states. packed with people and lines out of the doors and here in franklin county, voters waited in line two hour to cast their battle. surrogates are awake this morn hard at work . some are appearing on local television . one campaign said they are melting down from melting from

the campaigns and tracking every single voters here in the buck eye state. if you are a battle ground voters and the day wears on. expect to get a phone call or visit. back to you in new york. >> good to see you mike. we'll be back with you later on in the show. candidates are fighting for 13 electoral votes and president obama was the first democrat to win the state in 50 years. peter doocy was live with the voters in richmond, good morning peter. >> if you want to know how important virginia and the 133 electoral votes are. look at the candidates schedules. congressman ryan here in the airport in richmond and vice-president biden was here for a few evens and so was mitt romney whose wife ann got a crowd in fairfax, virginia all riled up outside of dc by

asking them if they were going to be neighbors, soon. the republican and democratic tickets are telling people how important they are. they say virge virge is critical in the path and quest to win the white house. bark obama is ahead right now and by less than 1-half of a point. 428,000 folks have already cast ballots and that is 40,000 less than in 2008. a lot of folks are holding their breath. not only barack bum mitt romney. but george allen and tim kaine are locked in a tight senate race. tim kainewas inside of a precinct and he was in a long line. and the line had dozens of people saying, this line is just like 2008.

back to you. >> steve: peter, try to grab tim kaine for an interview. good job. >> brian: tim kaine was the president most valuable surrogate and he was strong as a dnc chair. >> steve: it is election day and fears of voter fraud in colorado . watching it on the west coast it is troubling. >> already 80 percent of the registered votersed used mail in process and ballot drop boxes . so when polls close colorado will have good results. in pueblo, south of denver. when they tried to cast a ballot for mitt romney it indicated it was for obama. state tested 10 of the 30

terminals and the machine was sensitive and they made adjustments and the terminals ask the voters to review for accuracy and they can correct and they have two chance before the vote is cast. >> we have concerns that there could be folks out there tryying to keep people who are eligible from vote they may be getting misinformation about the right to vote. >> we have seems out in the field and gone through the recount . comcol, we are used to close elections here. >> some people got a letter in the mail. they have 14 days to clear up signatures and if they don't respond their vote will not be counted. this is colorado, nine electoral votes and a statistical tie.

>> make sure the name of the guy you want as president and everybody else is there before you hit cast. >> steve: as you hit the voting ballot chance the economy will come to mind and two candidates who want to take our country in two different elections . >> it is a choice of two different visions for america it is a choice between turning to the top down economy or a future built on priveding opportunity to everybody. >> if anybody is worried that the last four years is the best we can do and fears that the american dream is fading away and wonders if there are better jobs and paychecks are a thing of the past. i have a clear message. with the right leadership america is about to come roaring back. >> >> we know that elections have consequences. here to paint the directions

that the two candidates might take is stewart voonerey. you left great britain and left why? >> the choice i made 40 years ago is similar to the choice americans will make today. 40 years ago i left behind an all government all of the time socialist society and very low growth and huge government intrusion in every industry you can name. i left socialism arrive arrived in san francisco and a newly minted imdeprant and it was astonishing. it was a private enterprise and compet and i have individual liberty and a strong rate of growth. i chose this and reject left that. and that is the same choice. >> why would you leave the cradle to grave big government hug? >> because it is dull.

it offers no scope. if you are young and ambitious and feel you have a talent, how do you get up in the world? how do you do it and climb that food chain. sooner or later you come up against the ceiling and you class background. and a no growth society. >> brian: there is no jersey shore. and to give you an idea what president obama will give over the next four years. maybe he is learning. >> my opinion is he will take us further down the road to being like europe. high taxes. he said it and he will raise taxes and his own plan shows 20 trillion worth of debt in 2016 and an extra one trillion a year and that is a slow growth economy and just like europe. that is his plan. he want to transform

exceptional private enterprise america it is a neosocialist europe. >> steve: what if mitt romney wins? >> this man comes from private enterprise and planns to lower tax rates and stimulate growth and the private sector. >> brian: i heard he's going to fire everyone. >> he is a wicked capitalist. he will go for growth. that means opportunity. >> gretchen: you bring it down and put your kid toz bed at night. you don't say to them. i want you to grow up be like everybody else. i say you can grow up be anything you want to be. >> that is america and why i came for . this is an opinion. that is the choice availablitous today in america. >> steve: you came here when you were five 40 yearrs ago? yes, that is very good. >> brian: his parents sent him in a capsule. coming up on varney and

company. we can watch you. >> steve: yes, election and markets and growth. >> brian: don't yell at me. >> gretchen: coming up on "fox and friends". our government refuses to call nadal hass an a terrorist. but the victims in the fort hood shooting are taking matter in l own hand. >> steve: the judge is about to lay out the differences between president and mitt romney when it comes to the role of government in your life. just wait a minute. ♪ i am proud to be a an american. ♪ where at least i know i am free. ♪ and i will not forget the men who died who gave that right to me. ♪ i am glad to stand up. ♪ next to you and defend until today. ♪ because there ain't no doubt. ♪ i love this land. ♪ "god bless the usa".

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>> brian: an explosion in a hospital in north carolina leaves a patient dead and three others hurt. it happened in the durham region hospital. no word on what cause today. family members suing the federal government over the massacre in fort hood. they are avoiding responsibility by calling the shooting workplace violence instead of a terrorist attack. 13 people were killed including a pregnant woman. gretch? >> gretchen: as you know polls are open and americans are split 50 history 50 on the candidate for president. one focused on growing the government and the other one determined to shrink it. here to explain how. judge andrew napolitano. what is your overarching way of analysis in which you look at differences of the cand dates. >> in the area of the economy

which is most important to americans, the president wants to use the government to redistribute wealth. governor romney want to take the government out of the way of private enterprise. and governor romney understands economics. risk and private enterprise produces prosperity and wealth and jobs and everybody is better off for it. the president rejects the notion and believes by taxing a certain class of people and giving dollars to others. it doesn't produce prosperity. but puts money in pockets of those folks. they're fundmental differences. >> gretchen: you have approximate four areas. taxings. we have a fiscal cliff approaching. >> we do in large member of the president's own making because of inability to work with the republican house and a democratic senate.

we have laws that automatically kick in and not spend dollars and members of congress might want to spend or spend dollars that the government doesn't have. and the president signed a law that takes the government out of the control of the congress and put its on automatic pilot and no one is ppy with the way the automatic pilot will go in january. >> gretchen: stimulus programs? the president would try to do another one? >> he believes that the stimulus programs have helped. taking tax dollars and given them to labor unions and corporate officials that like them . enrich those people at the expense of the rest of us . many of the investments. everybody remembers solyndra were an utter failure and corporate investments would never risk that. just the government. >> gretchen: federal regulation. >> the president is the king of federal regulation.

he attempted to do biregulative authority like the environmental. where congress decided not to do. that makes him dangerous in a new term f. he can't get the congress to do he will try to get an administrative eamings he appoint to do it. >> gretchen: deficits. >> they are preferred to be running deficit but the presidents will be deeper than governor romney. president obama borrowed five trillion dollars in four years and that's more than any other president has done in eight years and going to do the same if reelected and that puts us on the path of destruction. we would have a total government debt of 20trillion. the interest is one trillion off of the top gone. >> steve: always good to see you. we are serious today.

>> i have to say manage ridiculous. did kilmeade fall asleep over on the couch. >> gretchen: he he was taking notes. >> it will be a long night. see you tomorrow. >> gretchen: they helped to elect the president in 2008. did that change. >> the reason i don't like obama, it is flat out lies. his campaign is flat out lying. >> frank luntwhereup next with a brand new focus group. and it is a tie. is that a bell weatherr for the rest of the state? >> and here to put it in perspective for us. she's next . the ♪ ♪

>> steve: it's election day

and voting is under way in the battle ground state of new hampshire. dicksville notch they voted at midnight and the race was tied. president obama and mitt romney each got five notch. they on vote at midnight. never happened a tie. joining us is the republican senator from new hampshire. senator, thank you very much. >> great to be here with you. >> steve: okay, there was a tie in dicksville notch and two big families moved. what is going to happen in new hampshire today? >> mitt romney will win new hampshire. there was a big rally in the verizon center and enthusiasm was unbelievable and i feel good about new hampshire winning with mitt romney today. >steve: we talked about the tragedy in benghazi where four americans were murdered. it is too bad the president of the united states didn't level

with the people of the united states and say what happened before we went to vote today. >> it is appalling that he's not, the number of stories we know. we know with the released cbs interview. he left a misimpression with the american people in the second debate because he was asked after the rose garden speech why he didn't use the word terrorism and he didn't acknowledge he didn't and number of misimpressions on david letterman and the view and before the united nations. the american people deserve the truth and i ask for a jointt select committee with mccain and graham it is too bad. the american people deserve the information before the election. >> steve: the president sat down with hard hitting journalist. ryan secrest and steve harve yechris burman and four local

people and i don't think libya came up at all. >> of course not. >> steve: i am sure you would say if you are motivated today is the lastt chance to get up and go and if you like the last four years vote for barack obama and if you didn't like the last four years, pull the lever for mitt romney. >> i will ask viewer to get out and vote for mitt romney it is the most important election of my lifetime . we can't continue and people need to vote today it is so important. >> steve: joining us from manchester. senator thank you very much for dropping by on this big historic and important day. >> let's go win! >> steve: thank you very much. straight ahead. a big hour. senator rob portman of ohio. house majority leader eric cantor of virginia and senior president advisor robert gibs

and ed gillespie joining us with more "fox and friends" in two minutes. ♪ [ woman ] ring. ring. progresso.

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after all, when you're going the distance, it's nice to have the experience and commitment to go along with you. keep dreaming. keep doing. go long. >> gretchen: good morning, everyone. it's election day in 2012. in deference to brian, the wait is over. >> brian: you owe mow $25. >> gretchen: it's the end of a hard fought race for the white house, polls opening now in 1818 more states. >> steve: today voters are facing a stark choice between four more years of president obama and challenger mitt romney who is promising a better

economy from a proven businessman. that's the number one issue, the economy facing voters as we face a national debt of more than $16 trillion and the meter, as you can see right there, is counting. >> brian: the very first votes have already been cast in new hampshire. polls opened there at midnight and it really says a lot in this small town called dixville notch. voters for the first time in american history have split right down the middle, 5 for president obama, 5 for mitt romney. this never happened before. another new hampshire village of hearts location, that's all obama. gary johnson is clicking his heels and tapping his toes. he got one. the towns have been the first to vote since 1948. >> steve: ed rollins was on your panel a little while ago and he said he had a little bit of trivia. i looked this up. since election day was standardized in 1845 where it's the first tuesday in november, we have had six november 6th

elections. every single time the election has been on november 6, republicans have won and the streak started with abraham lincoln. >> brian: i'll tell ed roll lips you don't take his word for it. >> steve: i wanted more detail. let's get to the campaign trail and the polls, john roberts is in romney headquarters in boston. wendell goler live in chicago where president obama arrived a little while ago. phil keating is in florida with a lot going on down there. let's start with john since romney will be the first to cast his ballot today. >> that will be in massachusetts in an hour and 45 minutes. for the romney campaign, it's all about getting out the vote. when you look at the 11 swing states, he only leads in two. the others are all within the margin of error. he's going to hit the trail again today, going to the vote center in cleveland later on this morning. this afternoon, another in pittsburgh. paul ryan will be in richmond and also join the governor in cleveland. the governor was sitting around

in the tarmac yesterday, according to an advisor saying, i don't want to sit in a hotel room all day on election day. let's go out and do what we can to muster every last vote. when you look at the early voting, it's advantage obama right now. governor romney really has to rack up the count on his side of things. yesterday in columbus urging his supporters at a rally to get out there and get everyone they can get to the polls. here he is. >> some of you have been successful in convincing your neighbors to vote for paul ryan and me and i thank you for that. now let's make sure that everyone we know gets out to vote on times you're here because you care about america. this campaign is about america and about the future that we're going to leave to our children. we thank you and we ask to you stay at it all the way until victory on tuesday night is clear. >> for governor romney today will be all about two things. how the independents break and what kind enthusiasm there is out there for conservatives to get to the polls.

i thought mike huckabee said something interesting this weekend when he said in terms of conservative enthusiasm in this country look back on the chick-fil-a controversy, who thought that so many people would line up around the block for a chicken sandwich? imagine what they'll do when it comes to voting? >> steve: that was very important, 'cause now you've given people a good reason to watch "fox & friends," 'cause you can quote it in your live shot. >> i'm like everybody else. when i turn off my tv, you still see the things that says fox news channel on the lower corner. >> gretchen: thanks very much. >> brian: this is my turn. wendell goler in chicago where the president is getting set, i believe dividing up teams. 21st finger, shirts and skins, i'm not sure. he is going to be playing basketball today. right, wendell? >> in a bit, brian. the president plans satellite interviews with television and radio station. for the most part his campaigning is done maybe forever. as you point out, he'll have a

pick up basketball game with friends today. that's sort of a tradition for him on election day. he'll opinion time at home, which he hasn't visited much during his first term. home in chicago. not the white house. and have dinner with the family before sitting down to watch the election returns. this seemingly endless campaign ended on a musical note yesterday with mr. obama stumping with jay-z and bruce springstein. the boss sung his song which he admitted wasn't his best work. >> romney got schooled by obama. ♪ smiling joe biden brought the drama ♪ ♪ fox news said he was smoking marijuana ♪ ♪ forward and away we go ♪ . >> later in des moines l obama held his final rally of the campaign in the state that launched his presidential bid if 2008. ohio, where he was just before, is likely the state that will

decide whether he gets a second term. but iowa, he said, is where it all began. >> i came back to ask you to help us finish what we've started because this is where our movement for change began. right here. >> one tradition we won't see from the president today is him voting. he did that in october, early vote. getting out the early vote has been a big part of his election strategy. back to you guys in new york. >> steve: all right. thank you very much. >> gretchen: just minutes ago, polling places across the state of florida opened to the public. florida already set records for early voting. what will it look like today? live at a location name practice, florida is -- in tampa, florida is phil keating. >> the sun is up and voters are showing up and as the doors just opened about four minutes ago, they are now casting their ballots. not only for the presidency, but

also what is the longest ballot in florida state history. there are 11 constitutional amendments and this brings in the potential for extremely long lines all throughout the day all across the state. that's because on average, it takes you about 25 hips to read those -- minutes to read the ballots. that's why the recommends was do your homework, know what you're going to pick when you get in the polling station so you can get in and out fast. you got dozens of people in line now. it should be a smooth line today. the reports we're getting from south florida, in palm beach county and miami-dade, very long lines of early morning voters casting their big ballots, of course. the big ticket item, either president obama or governor romney for the presidency of the united states. there are a lot of items on list. there is also some concern from some voting rights groups, the reporting that many african-american householes in three key swing states, florida,

north carolina and virginia have been reporting receiving robo calls informing them wrongly they could cast their ballot today over the phone. so these voting rights advocates are call ago lot of these households today to remind everyone if they have not early voted or absentee ballot mailed that in, they've got to vote today by 7 p.m otherwise their vote will not be counted. as far as the early vote goes in the state of florida, the days were reduced. the number of hours available to floridians were reduced from 2008. however, basically it's only a difference of about 45,000 votes between 08 and this year. 08 had a few more, but basically 4 1/2 million floridians already cast their ballot, with nearly 12 million registered voters. back to you. >> gretchen: thanks very much. another fox news alert. a fire at a hospital in north carolina leaving one patient

dead. three others are hurt. happened around 2 this morning at the durham regional hospital. the sprinklers kicked in. other patients were evacuated off the floor. no word on what caused the fire. hours before voters head to the polls, there are shocking allegations out of nevada. north carolina group known as alley pack plans to file a complaint that illegal immigrants are being allowed to vote. in a letter to nevada's secretary of state, they claim illegals are intentionally being register to do pressured to vote. they go on to say if not for this process, democratic senate majority leader harry reid would have never been relie detectorred back in 2010 -- elected in 2010. no comment from the secretary's office. on the benghazi, libya terrorist attack, sources say the white house had to see the classified cable warning or consulate could in the defend against coordinated attack. one former top intelligence official says, quote, the national security council sees everything. if libya was of interest to this

administration, the staff saw it. the cable was sent to the office of secretary of state hillary clinton august 16, less than one month before the attack. frustrated drivers still waiting for hours in gas lines that don't move. to make matters worse, triple a says gas in new york city went up by an average of 9 cents a gallon. there has been more than 500 reports of price gouging. since sandy hit, the nypd arrested 41 people for fights at the gas lines. those are your headlines. >> brian: the graphic means it's a fox news alert. live in greenville, delaware, where the vice president, joe biden, has chosen to vote. there he is. >> gretchen: beside his wife. >> brian: yeah, i believe that's his wife. we have reports on the couch that it is. >> steve: dr. jill. >> brian: yes. she's there. she's a doctor. >> steve: and beaux. it's the biden bunch. they're voting. >> brian: he's waiting in line at one of the local high schools.

when he finishes up, he heads to wilmington where he will depart on a plane to chicago later this morning. no word if he'll be able to play in the basketball game because they should be starting earlier and his flight will be landing around 3:15. yesterday he gave a speech in front of about 1,000 people in, i believe, pennsylvania. >> steve: how about guy in line ahead of him? look, if the vice president of the united states is behind me, i think we ought to turn around and talk to him. unless he knows something. >> brian: unless it was paul ryan, i don't really have anything to say. >> steve: i wonder if in -- some states, you have to be real careful about the electronic voting machines 'cause sometimes you push mitt romney and it turns out it switches to barak obama. i wonder if they have that problem there? i don't think so. the message is, folks, be careful before you cast your vote. >> brian: i was impressed with

beaux biden in the convention and the speeches he did afterward. >> steve: he appeared as a surrogate in a number of places. >> gretchen: we'll show this live it happens. the vice president is in line like everyone else. coming up, making pot legal on the ballot today. but get this, it's not for medicinal purposes. now we're going to actually vote to let people get high for fun? >> brian: how we got that video coming up as well. >> steve: is it called the cheech and chong amendment? democrats say mitt romney doesn't have the numbers to win in ohio. is that true? we better ask the senator from ohio, rob portman. he's in romney's corner and he's on our show next

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>> brian: someone mentioned ohio being important? it's just getting underway. 45 minutes ago voting started. the electoral votes mean so much t may decide who the next president is. let's ask rob portman, sparring partner when it came to the debates for governor remain knee. senator, what is going to be the key for you taking your state for the governor -- for the governor taking your state, being in so many polls he seems to be trailing bay point or two? >> it's about energy and enthusiasm at this point, as you know. we've got the momentum on our side. you've seen our rallies. i've seen it in the door knocks and knocks. we've knocked on 20 times more doors than all of 2008. i think it will be a good day for us, but very close. >> brian: i understand, too, the president is trailing big time when it comes to blue collar white voters. but not in your state. the governor has the advantage,

but not a big enough advantage to get him on top there. do you agree with these polling numbers and why would that be if you do? >> i'm pretty happy with the polling numbers that we've seen internally in terms of the independent voters, in terms of what folks used to call the reagan democrats, more conservative on many issues that governor romney is talking about. the energy issue is big in ohio. we are now an energy state. we've got a lot of natural gas, oil and a lot of coal. all up and down eastern ohio, in places like youngstown and canton, northeast, ohio, energy a big issue. they like what mitt romney is talk being 'cause he's talking about august the resources we have in the ground to create jobs and keep energy price down to create more manufacturing interests in ohio. i think we're going to have a good shot at a lot of those voters. >> brian: do you agree that there is one way to the presidency for either man? and it's through ohio that if we were watching this at home and ohio does not go into your column, that neither will the

presidency? >> well, it's possible, but it's tough to win without ohio. as goes ohio, so goes the country is the saying. it's been true for every republican presidential candidate in history. i wouldn't want to take the risk of losing it. there is a possibility he could put it together through other states. i think we'll win in ohio. i got a good feel for this on the ground. i didn't feel this in 2008. but we got momentum. folks are fired up. if you look at our crowds, you can see it. look at our grassroots effort which is driven by volunteers. people are passionate. they don't like what happened in the last four years and don't want to see it repeated and are worried about their kids and grandkids. >> brian: he's going back there today. toledo and youngstown, ohio. most likely go to the president. how much could be key to whether the state goes? can you prevent the president from 60%? >> i think so. both of those markets, we're doing pretty well among blue

collar workers, but also among folks who are looking at the economy. >> brian: senator, while you talk, we're going to see joe biden right now he's going in to vote. i don't think he's voting for you. but here he is. he's behind that curtain and we do not know how he's voting. we know went in roughly 15 seconds ago. that's the curtain. and there he goes. once again, joe biden has successfully voted. he's a happy man. the next one is mrs. biden. >> it's not taking very long. look, i think it's terrific that mitt romney is actually campaigning today. he's also going to vote. but then he's going to be in pittsburgh, as i understand it, and cleveland. we're going to push this right 'til the end. 7:30 p.m. is when the votes close in ohio. >> brian: if he does take ohio,

he has you to thank for it. you've done so much. senator, thank you for joining us. >> thanks, brian. see you. >> brian: lot going on. gretchen, senator said good-bye. coming up next, they had the president's back in 2008, so where do they stand now? >> that's one of the reasons why i don't like obama, it's flat out lies. his campaign has -- is flat outlying. >> brian: what happened? frank luntz has the answers and got a free dinner out of it. then a fair and balanced look at the election with the advisors to both advisors. neither wearing sneakers, unlike frank luntz hey! did you know that honey nut cheerios

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>> steve: quick headlines. nuclear powered submarine from russia coming within 200 miles of the united states in the atlantic. navy officials tell fox news of it not a provocative act and the u.s. detected the sub. that's good to know. today voters could make washington state the first state to legalize the sale and use of recreational marijuana, like alcohol. you would have to be over 21 to buy it. if it pass, the federal government would have the ability to challenge it legality. look for that. gretch, over to you. >> gretchen: back if 2008, they were all about hope and change when they voted for president obama. but four years later, they're now looking for change. frank luntz sat down with a group of ex-obama vote increase ohio and asked them why they're changing their vote and he joins me now. good morning to you, frank. >> good morning. that was a day where we had five different swing states, ohio, pennsylvania, virginia, florida, wisconsin. of all the places i visited,

that in ohio, when we talked to those ex-obama voters, it was emotional as they talked about disappointment and betrayal. take a look. >> his campaign is flat outlying. and very disingenuous. social issues i don't care about. it's all about the jobs and economy. >> for me it's the whole obamacare thing. it was such a huge thing to not have any bipartisan support into unilaterally. >> i don't want to become greece. greece is not a way we should go. so we need to somehow get our finances together. i think romney understands that better than anybody, being a businessman. >> what he said is, i want this, i want this. i want this. i killed this. romney says we. we. >> i think he's been disingenuous with bringing people together. >> i feel betrayed actually.

why i voted four yearsi have th. and i worry about the debt that they're saddled with already. $51,000 per kid. >> gretchen: it's so interesting, frank, because you seem to hear from more people who voted for obama in 2008 who now will vote for mitt romney, but it seems to be hard to find the person who voted for mccain who is now going to vote for observe. >> 1%. we find 7%, 8% of the obama vote in 2008 will vote for romney this time. only 1% of those who voted for john mccain will vote for barak obama this time. >> gretchen: why is it so close? >> because you've got new voters, 18 to 21. they're still breaking for barak obama by two to one. so you have to take people and switch them if you want to balance that out. right now that's why the race is tied. >> gretchen: one of the things do you is your dial ads, set up this ad for us n this is a woman named velma, she was a government employee. the single most powerful ad of all the things we've tested in

2012, she looks at the president and challenges him for not being about the hope and change. watch how high the lines climb. of all the things we tested this year, this is number one. let's take a look. >> they are serious and many. they will not be met easily or a short span of time. but know this, america, they will be met. [ cheers and applause ] >> i'm a mother. i'm a wife. i'm an american veteran and i'm one of your middle class americans. quite frankly, i'm exhausted. i'm exhausted of defending you, defending your administration. defending a man for change that i voted for and deeply disappointed with where we are right now. i have been told that i voted for a man who said he was going to change things in a meaningful way for the middle class. i'm one of those people and i'm waiting, sir. i'm waiting. i'm waiting.

>> gretchen: highly emotional ad. she's still going to vote for obama. >> but she reflects the anxiety "glee" and the frustration and the disappointment of millions of americans. i believe that video was the most powerful of 2012 because it's human. it's personal. and it so deeply shows how americans peel today on election day. >> gretchen: all right. frank, interesting analysis as always. >> thank you. >> gretchen: huge half hour ahead. take a look who is on deck. house majority eric cantor, senior advisor to president obama, robert gibbs and senior advisor to mitt romney, ed gillespie, back to badge i wonder if they'll agree. probably not

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introducing the new droid razr maxx hd by motorola. now more than ever droid does. >> last week in new orleans, madonna drew boos and triggered a walkout by a lot of concert goers walked out when she told them to vote for president obama. witnesses say so many walked out, it looked like it was a madonna movie. [ laughter ] >> brian: she did ellen yesterday. >> steve: she did? >> brian: yeah. >> steve: i didn't see it.

>> brian: you know my schedule is different. >> gretchen: i thought you didn't have power. >> steve: that's the show you're watching, all right. today is election day. as we've been showing you. >> brian: i'm out of stuff to do. >> steve: polls are open right now. people are voting in dozens of states this morning. one of the key issues, finding a leader to reach across the aisle. at a recent campaign stop in virginia, mitt romney reminded voters that hasn't happened under our president. >> you want to see four more years with washington in gridlock? >> no! >> by the way, let me ask the leader over here, leader cantor, when was the last time you met with the president on the economy and jobs, and the budget he says almost a year. >> steve: is that right? leader cantor happens to be with us right now from richmond, virginia. good morning to you. >> good morning. >> steve: why has it been so long? >> listen, we went back and

checked the calendar and, in fact, it's been since july of 2011 that the president has gathered the parties together to try and force us to focus on resolving the issue of this lack luster economy and get people back to work. and again, this is what this election is about today. we need a leader in the white house who understands that you can actually work with people who disagree because reasonable people every day disagree, but the trick is if you want to lead, you got to insist that people set aside those disagreements and find where you can work in common for the people that elect us and are looking to us to solve problems. that is what mitt romney can do. he's got a demonstrated track record of doing that. >> steve: i tell you what, leader cantor, i read a number of books on this administration and this white house and it sounds like while the president was out talking about yeah, i'm reaching across the aisle, behind the scenes, there wasn't so much of that over the last four years.

>> it's true. somehow that fact doesn't really get out. but the truth of all of this is, we can get things done, but you need a leader in the white house who will stop the divisionsive rhetoric, who will admit, hey, we got sensitivities, everybody's got a difference of opinion or philosophy, but we are all americans. we can all come together and we can get this done and get people back to work. we've got to solve the problem of spending. everyone knows washington is spending a trillion dollars more than it's taking in every year. you can not sustain that. we've got to do that and we can get this economy back on track. >> steve: i was talking to some of my neighbors a couple of days ago out in the street in front of our house. we were commensurating about the fact we didn't have electricity. we were talking about the election and it was -- i would say that most of the people there on my street say this is about the economy number one. but also they want to change washington because right now, as

you've depicted, stuff isn't getting done. i mean, the president of the united states has been campaigning for a year and a half, essentially abdicate'ing the job as leader. >> i came in this morning and have heard acin the case dotally that the turnout in districts like mine, which went for john mccain last time, is expected to go heavily for mitt romney and george allen, the turnout is brisk and the reason is people are tired of washington abdicating its role, especially when their businesses and their families and householes are expected to resolve things and get through the month, meeting their obligations, taking care of their family members. the same should be expected of the individual in the white house. >> steve: absolutely. of course, today historically republicans have an advantage on election day because this is the day the republicans generally go to vote.

early voting generally favors the democrats in the past. i'm sure you want as many people to go out and vote today and pull the lever for mitt romney as possible, right? >> no question. i'm predicting a bigger mitt romney win here than what anybody is talking about because i do. i see the enthusiasm on the ground here. i've been with mitt romney and paul ryan in the last week. the enthusiasm is strong here on our side. again, it goes back to your point. people want to see problems confronted and resolved and let's get on and get america back to work. >> steve: he's the house majority leader from virginia. thank you very much for joining us live. >> thanks. >> steve: now go vote. >> gretchen: i like the freudian slip, mitt ryan. let's see what the weather picture is going to be because weather is always a factor on election day. there are a few trouble spots. let's go to maria molina in the weather center. where are the trouble spots? >> good morning. it does look like areas that

were -- states that are key swing states are going to be seeing weather activity, including wisconsin where we do have showers already early this morning. it is cold enough that some of the rain showers are actually going to be transitioning to some snow. keep an eye out for that. slippery roadways could be an issue. northeast is dry, but very cold. temperatures below freezing. highs only widespread into the 40s with some sunshine. northern parts of florida, dealing with showers and also thunderstorms. we're seeing some of that activity early this morning coming down quite heavily at times. that does also include the state of georgia and also south carolina. pleasant across the plains. out west, a lot of sunshine. no issues whatsoever out here with the weather. the only issue might be that it's a little too warm for this time of year. 91 for your high in phoenix and widespread 80s across southern california. >> steve: great. >> gretchen: thank you. and new video of what sandy left behind in rockaway beach. this is the other big story. look at this. residents getting more bad news.

a nor'easter expected to hit the area tomorrow with more flooding, high wind and freezing temperatures. david lee miller is live there with the latest. hard to believe, these people are going -- these folks will be picking up the pieces for a long time to come. >> i know. they're bracing for another storm. consider this, gretchen, right now it is 32 degrees here in rockaway beach the it is very cold and this may look like snow. it is not. it is sand. take a look as we roll some tape. we recorded a short time ago. you can get a sense of just how great devastation is out here in the rockaways. streets lined with thousands and thousands of pounds of debris. there are thousands of people without electricity. some 200,000 in this immediate area still in the dark. there are an estimated 40,000 people in the new york city area

that are now homeless. some say that figure might be as low as 20,000. it is difficult to ascertain. this i can tell you, if you're one of them, the situation here is catastrophic. many of them have nowhere to live, nowhere to go. meanwhile, the gas situation has improved somewhat. over the past week, there have now been some 41 arrests, disorderly conduct, at gas stations. new york's governor says that additional gas is now being brought in to the region. the situation should improve. and very quickly, as for those voting today, in new jersey, you can vote electronically and in new york, if you have been displaced because of the storm, we are told you can vote at the nearest or most convenient polling place. one of the things they're doing in the rockaways, bussing people to a polling station, already at this hour, long lines. >> brian: the south shore of long island is not much different. most of those people are sleeping in their houses, which

are below freezing right now. and nothing has been done. zero. no one is coming. no one is talking. no one is giving information. >> gretchen: coming up, a fair and balanced look at the candidates. the president senior advisor, robert gibbs, and then mitt romney's senior advisor, ed gillespie, they're here next. [ female announcer ] today, jason is here to volunteer to help those in need. when a twinge of back pain surprises him. morning starts in high spirits but there's a growing pain in his lower back. as lines grow longer, his pain continues to linger. but after a long day of helping others, he gets some helpful advice. just two aleve have the strength to keep back pain away all day. today, jason chose aleve. just two pills for all day pain relief. try aleve d for strong, all day long sinus and headache relief. campbell's has 24 new soups that will make it drop over, and over again.

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>> bruce springstein got to fly on air force one while he traveled to campaign rallies with president obama. it's very cool. it got awkward when obama, springstein and the pilot argued about who gets to be called the boss. it's my nickname, i'm the president. i'm the pilot. >> gretchen: joining us to talk about his boss' chances today, advisor robert gibbs. good to see you. >> good to see you guys. how are you? >> brian: doing just fine. i know you're in chicago and you're planning on having a victory rally there tonight for

your boss, president obama. some people feel otherwise that it will be a victory celebration for mitt romney. why did the president decide not to campaign today? >> well, look, the president will be sitting in a chair just like i am doing satellite interviews into a number of the battle ground states later on this morning and again in the afternoon. we felt it was important not to go into a state and take our volunteers and our field operation away from the task that they're doing and instead, be there to support the president, to create a crowd or have a rally. so i think it was the right decision to do. the president will still be in a number of battle ground states over satellite television today. >> steve: robert, a lot of people are going to go to the polling places later today and they've got two names. they've got mitt romney, a guy who was a successful businessman, saved the olympics, the governor, or barak obama, who majority of americans voted for last time. and he had barak obama, your

boss, promised hope and change and a lot of stuff and he didn't deliver. so now four years later, they say, there has been gridlock in washington, nothing got done. i'm going to give the other guy a shot. >> well, look, i am still laughing, i guess, i think you attributed only positive stuff to mitt romney and then you said barak obama didn't get anything done. look, let's look where we were -- >> steve: that's just how -- >> barak obama walked into the white house. >> steve: looking at things mitt romney brings to the table. >> look, and i think there are also some things he brings to the table that voters in ohio, for instance, won't find appealing when a record of shipping jobs overseas. but look, i think when people walk into the polling booth today, i think they'll understand that this president has made some very tough decisions that have gotten our country moving in a forward direction. we saw this on friday.

32 consecutive months of job growth. are we where we want to be? no. we've got more work to do because the hole that we're digging out of, the economic devastation that greeted this president when he walked into the oval office was deep and widespread. we've got a lot of work -- >> gretchen: except the numbers don't completely add up with that, robert, because when you look at the cost of gas, for example, when the president walked into office, it was 1.85. now it's 3.80 on average. the u.s. poverty rate was 12.5%. now it's 15.1%. the number of juan failures were 25 in 2008 and now it's 92. >> well again, gretchen, we inherited a tremendous mess. we inherited 800,000 jobs lost in a month. the very first month the president got the jobs report. every one of those statistics has gotten better in the past

couple of years because look, we fell into a huge and massive hole in this economy. like i said, devastation, the job loss. let's look at manufacturing jobs. i was in with the president in wisconsin. wisconsin added 25,000 manufacturing jobs. the first time that this country has added manufacturing jobs in 20 years over the past couple of years. since the mid 1990s. we're seeing things improve. we're taking steps along the way and look, we shouldn't be changing horses right now. we should continue -- in by opinion and what i would tell voters is keep moving this country forward with the steady leadership of president obama. >> brian: you're one of the president's strongest advocates and that's why he wanted you by his side especially in the key states. looking at the big picture, we talked to john mccain yesterday and he said he kind of knew he was going to lose the day election day four years ago.

how do you explain the fact that nobody can predict four days later? is the fact disappointing to you and others? >> we always prepared for an enormously close race. i think people forget that four years ago, even as you said, senator mccain felt like he was going to lose, barak obama got 53% of the vote. so that means he didn't get 47% of the vote that day. that's a pretty closely divided election. >> brian: that's much more than bill clinton ever got and basically even more than bush got. >> right. absolutely. you're totally correct. clinton ran in three-way race. bush had a number of extraordinarily close races. i have to say, i feel really good about where we are. if you look at the nine battle ground states that we've been fighting over for six months, we have an ability to win all nine of those states tonight. none of those states have been

put away on the romney side. >> brian: exactly. or they could go the other way. it will be an exciting night. thank you for joining us. good luck. >> thanks, guys. >> gretchen: you just heard from the obama campaign. up next, team romney's turn. ed gillespie is here to respond to robert gibbs. >> steve: first, if you are listening to the radio in 1970, number one song, jackson five with "i'll be there." ♪ just call my name ♪ i'll be there ♪ [ male announcer ] in blind taste tests, even ragu users chose prego. prego?! but i've bought ragu for years. [ thinking ] woer what other questionable choices i've made? i choose date number 2! whooo! [ sigh of relf ] [ male announcer ] choose taste. choose prego. we believe the more you know, the better you trade. so we have ongoing webinars and interactive learning, plus, in-branch seminars at over 500 locations,

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>> gretchen: you heard robert gibbs say president obama inherited such a big mess that he needs more time to make real change. >> brian: here with the other side, ed gillespie. ed, nice to see you. is it time to give the president four more years? what do you think?

>> no, it's not. the fact is, we can't afford four more years like the last four years. and governor romney has been out there putting forward a positive vision and a plan to turn the economy around, to create 12 million jobs, unleash domestic energy. that's why he's got momentum on election day. i think that's why he's going to win tonight, not just win, but win decisively. i don't think it's going to be any doubt at the end of tonight who the next president will be. >> gretchen: i thought it was fascinating that they continue to blame president bush from four years ago, but then that provides no answers for higher gas prices, increased poverty, et cetera, does it? >> they have no plan for a second term. or they won't lay one out, which is simple because it's going to be more of the same. as governor romney has said, when he takes office, should he be elected, he won't just take the office. he'll take responsibility for the office.

he's not going to waste any time blaming his predecessor for the fact that unemployment is at 7.9% or household incomes are down $4,300, or 15 million more americans are on food stamps. he's going to get to work right away, turning this economy around, implementing an agenda and the plan he's been campaigning on for the past year. so there is no agenda for a second term for president obama, other than more of the same and if we do more of the same, we're going to get more of the same results. that's not what the american people need right now. >> steve: ed, i've heard a number of people on television talk about how the democrats had such a better early voting record. i saw something from one of the rnc folks that said actually the republicans are doing better than they did in 2008. the democrats are doing worse. one of the problems for the democrats is they've essentially cannibalized the people who were supposed to show up and traditionally show up today, they got them to show up early and today, historically, is an advantage day for the republicans because this is when republicans vote, on election

day. >> we do better on election day and that's historically been the pattern and democrats tend to try to bank as many votes as they can in early voting in absentee ballots. that said, though, we are overperforming where we were in 2008 on the republican side. they are underperforming on the democratic side. in fact, in ohio, there has been a shift of 263,000 votes from 2008 to 2012, those that you can identify in terms of who voted in a democratic primary or republican primary. that's the pattern going on all around the country. we see an advantage in intensity for republicans, self-identified republicans. we think turnout will be strong. the most dangerous place to be will be between a republican and a voting booth. >> brian: ed, thanks so much. i know you'll have an exciting day. >> steve: coming up straight ahead on this election day telecast, laura ingraham, also former new york city mayor rudy

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$50 savings card. call now! >> the only reason we have a short animation is because this is a big, big day. >> steve: big. >> brian: good morning, everybody. it's tuesday, november 6, which means election day 2012. the end of a hard fought 17 months, $2 billion race for the white house. voters are facing a big choice between barak obama in one corner who lives in an oval office and governor mitt romney who wants access to that office. with the national debt of 16 trillion and counting, their number one concern? the economy. and dare i say jobs. the president says he needs four more years to fix what he started. but will voters grant him that wish? >> steve: that is the question,

brian. we'll soon find out as we speak now. polls are currently opening right now, 8:00 o'clock eastern time, in alabama, arizona, iowa, minnesota, mississippi, and oklahoma. later this hour, mitt romney will cast his vote live, i believe, in massachusetts. and you will see it happen. >> gretchen: very first votes of this election day already cast in new hampshire. they've been tallied, too. polls in the tiny town of dixon notch opened at midnight. and the results couldn't be tighter that. town split right down the middle. five votes for president obama. five for mitt romney. that's the first tie they've ever had. is that emblematic of what we'll see later on? >> steve: turn out is done because two of the biggest families moved. they just moved. let's move on to another new hampshire village known as hearts location. president obama won the early election there at midnight. he got 23 votes. mitt romney got 9. and libertarian gary johnson wound up with one vote.

both towns had been the first to vote in the united states since way back in 1948 when they started that tradition. >> brian: let's bring in the triple box. we go to john roberts, live at the romney headquarters. at least he says he's there. wendell goler live in chicago. i believe him, where president obama arrived this morning. and mike tobin in columbus, ohio, the state which could very well decide the presidency, we're less than 30 minutes away from mitt romney casting his ballot. let's go to john first. congratulations. >> good morning, brian. yeah, in new hampshire, emblematic of how the rest of the country is feeling. when mitt romney casts his vote today, the race in massachusetts is so tight, he hopes it puts him over the top. just seeing if you're paying attention. i'm only kidding. from voting, he's going to jump on the campaign plane for one last time. going to go to cleveland to one of his campaign offices there, kind of rally the troops and help them get out the vote. when the boss shows up, you want

to be on your best behavior of the he'll try to run up the vote in places like madonna county, around cleave lapped, lake county, which narrowly went for president obama in 08. try to increase the margins and maybe try to flip lake around. then off to pittsburgh where he hopes to ramp up the conservative vote in the western part of pennsylvania. paul ryan will do the same thing around richmond. last night what you're looking at, pictures from his last official campaign rally. manchester, new hampshire, kid rock kicked everything off. the government brought his official campaign to a close. six long years in the making. one final indictment of president obama's policies and then sort of sunny optimism reminiscent of the reagan era as he talked about how america could be under a romney administration. listen. >> we're one day away from a fresh start. one day away from the first day of a new beginning. [ cheers and applause ] my conviction is that better

days are ahead and that's not based on promises and hollow rhetoric, but on solid plans and proven results. and on an unshakeable belief in the greatness of the american spirit. [ cheers and applause ] >> early voting across the country, it's advantage obama right now in some places. but they're down from where they were in 2008. the governor believes if he can get a big republican turnout today and big turnout among independent, he might push it over the top. >> steve: brian, go ahead doors this. >> brian: i get o do wendell. let's go out to wendell goler now who is live in chicago, will give us the final score of the pick up basketball game which is tradition with president obama when they have an election. right? >> you are right. the president got in about 1:00 o'clock this morning. that means he'll get to sleep in a little bit before his traditional election day basketball game with staffers and friends. and the first lady has satellite interviews with radio and tv stations today. but for the most part, they'll

get to hang out at their home in hyde park, which is someplace they haven't been much over the last four years. yesterday mr. obama campaigned in ohio. the battle ground state he has visited more than any other. and the state that will likely decide whether or not he returns for four more years in the oval office. he was introduced by bruce springstein and jay-z. each of them musicians that have -- jay-z singing i got 99 problems, but mitt ain't one. later in des moines, the president and first lady did what may be their last campaign rally, unless they're brought out to help some future democratic president. mr. obama waxed nostalgic about the 2008 caucuses that launched his white house bid and cited unfinished business as a reason for sending him back to the white house for four more years. >> as long as there is a single american who wants a job but can't find one, as long as there is a child anywhere in des moines, anywhere in iowa, anywhere in this country, languishing in poverty, barred

from opportunity, our work isn't done. >> the race is so close, it is possible that mr. obama could lose the popular vote, but win in the electoral college, which would be a first for a sitting president. george w. bush did it in 2000. that kind of split decision could further complicate an already incredibly partisan political atmosphere in washington. guys, back to you. >> gretchen: wendell, thanks very much for that update. and new video now of voters casting their ballots in ohio. standing by the polling locations in columbus is mike tobin. lots of people there, i can see it. >> yeah, gretchen. it's game on here in the buckeye state. the voters were lined up deep, waiting to get in as the doors opened. it's almost like the new iphone was for sale. after all the attention that ohio received, each of 8.5 million voters here knows very well that his or her vote matters. after all of the phone calling, direct dialing, e-mails, the direct mail, the door knocking,

they set records out here for early voting. 1.8 million early votes cast. that's a new record. that's new information coming from the secretary of state. we talked to people over the weekend who waited in line for two hours just to cast that early ballot. there is some controversy here in the buckeye state. disagreement over the secretary of state's rule as far as who should fill in missing information or bad information on the top of provisional ballots. also there is the accusation that a third party organization falsified signatures in order to get observers into polling locations, particularly polling locations in minority precincts. gretchen? >> gretchen: mike tobin live in ohio, thank you very much. brand-new video just in. this is a member of the black panthers standing guard outside a polling place in philadelphia. does it look reminiscent? remember this from four years ago? the organization said it was thinking about monitoring the election. critics say it's more like intimidation. the black panthers stood guard at polling places in 2008 in philly.

the group's leader with a night stick in his hand. it looks very similar. >> steve: very much so. let's bring in laura ingraham who is down in our nation's capitol. what's going on in philly with the new black panther party? >> i'm on my way up to new york after this. let me tell you, that makes me feel really good about the process so far in philly. you guys put me in a great mood what is that? come on! >> steve: he's just monitoring the election. >> well, i don't know which organization i would trust less. anything affiliated with the united nations or the new black panther. what is the old black panther? >> brian: those people would have to open the doors by themselves if he wasn't there. >> gretchen: you're not supposed to have jerseys or shirts that say -- there is confusion yesterday because somebody had an m.i.t. jersey on and somebody thought it said mitt. but you can have this. i want to move on to what you

think this election is really about. because we just had robert gibbs on and ed gillespie responded, obama and romney camp. it was being because robert gibbs is continuing the narrative that they inherited this horrible mess and -- >> they're still on that? >> gretchen: it's still president bush's fault. are the voters agreeing with that? >> well, gretchen, again, we'll see what happens tonight and we'll be talk being this for many, many weeks to come. but in the end, it's really about a belief in a reinvigorated and private sector, really instilling more confidence in the free markets, or a belief that government really needs to take on an expanded role in, quote, job creation in the public sector, picking industries that government believes should succeed in the free market rather than the free market itself. and that's where i think we are. an economic liberty versus more of an aggressive government involvement in individual lives. that's really what president

obama has represented from the very beginning. mitt romney has tried to push back on that saying look, the way we grow jobs is by really giving people a sense of private sector confidence and optimism. i think he tried to strike that tone last night in new hampshire. >> brian: two things happened over the last three weeks that have shown how the media seems to be pushing for president obama's next four years. one, the libya situation. any journalist would justing going after that to try to find answers. it's so ripe for information that's not coming forward. the latest is this storm. this storm has been horribly handled! people are freezing to death. they're not getting any aid! and the president got 65% approval of how he handled it. instead of maybe going to the storm location today, he's playing basketball. how is he getting a pass on both these things? >> brian, i think at the end, regardless of who wins, i think this has probably been one of the most deplorable examples of media cheerleading for one side that i've ever seen in my

lifetime. i've been coo doing this for a long time now. for the media to claim, well, we follow the story where it goes and people just aren't that interested in the libya story. they've just completely aabicated their role of the truth, regardless of where it takes them when it comes to report really truth to the american people. and look, we all know how this would have been covered if this were a republican president and you had staten island lines and people weeping and crying, that would be above the fold in the "new york times" and it would be question, where is president x? it would be the split screen of the suffering versus the president yucking it up with a celebrity. but that's not the media we have and that's why, as we have discussed, all of us have discussed, it's very hard for republicans not to be -- to win this if they're not up in the polls coming out of their own convention because in the final weeks, the media will work overtime, double time, to push

the agenda for the left. that's precisely what has happened. >> steve: speaking of the polls, i just saw twitter, scott rasmussen's final poll, national tracking poll, the president is -- mitt romney is ahead of the president by one. of course, today is the day that historically benefits republicans. this is a day republicans go out. not only do they go out to vote, but they are so motivated because so many people have told me, i'm going to vote because i have got to save america. i've heard people say that. >> i think that's right. i think a lot of people vote because we don't like the direction the country is going in. 60% of the country doesn't. number two, i think back to the media point, i think a lot of people are just so tired of media figures, probably me included, telling them how it vote. it's like look, i want my say. this is my country, too. let me cast the ballot for whomever i think will do the best job for me, my family, and the country overall. i think people are tired of being dictated to by the

american media. i think in the end, we'll find out which pollster was correct, whether it's rasmussen, we'll see which polls were more accurate. >> brian: i don't think the people are sick of us. >> no, they love you guys. look at the ratings. >> gretchen: but the really point point because it's the one thing, when you vote, everyone's equal. it's one vote, one vote, one vote. >> we hope. >> gretchen: of course. lawyer remarks we'll talk to you soon. >> steve: we'll be watching you tonight on the coverage. straight ahead, do you think your vote doesn't count? i'm just one person. think again. just look at history. peter johnson, jr. coming up next on how close things have gotten in the past, the importance that you vote today. there he is talking to rudy guiliani. >> gretchen: he'll be with us here live as well. >> brian: what if they decide to do something different? hi, i'm phil mickelson.

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>> steve: fox news alert. it's election day. we've got new video we just showed you of a member of the new black panther party standing guard outside a polling place in philadelphia. the organization claims they are monitoring the 2012 election, but some critics say that looks like intimidation, like in 2008. in an election that is virtually tied, every vote counts. fox news legal analyst peter johnson, jr. is going to talk about that. first, peter, just looking at that video of that member of the new black panther party outside that polling place in philly, what's that look like to you? >> he appears that he's at parade rest, in some kind of semi military pose. we know that the new black panther party was not prosecuted based on what happened four years ago and that became a big, big controversy. >> steve: eric holder decided not toking go forward. >> if someone stands at the poll in a way that appears to be

intimidating, it is intimidating. there are poll watchers. if he's a registered poll watcher, i'd like to see his poll watching card. i think we'll watch this and see what happens. that's not the norm in america. this is a why, great day in the united states and one of the most exciting days that i look forward to every four years. because every vote counts. i'm sick of the pundits and the pollsters. they say, oh, this state is in play, this state is out of play. >> steve: they don't know! >> they don't know. frankly, every state is in play. every vote counts. the pageant of american elections have been particularly close elections. let's look historically at the 1876 presidential election, rutherford b. hayes and samuel tilden. 185-104 electoral votes. one electoral vote. disparity between the popular and the electoral votes. of course, we know with the 2000

election. george w. bush, 271-al gore, 266. hundreds of votes in the state of florida. and then the famous al franken election in 2008. he became somehow a united states senator by a margin of 312 votes over norm coleman. so what i'm saying this morning, steve, is if you've had a gripe, if you like the government, if you say, we can make it better, we can make it different, i want to keep it the same, this is the day to register that opinion. this is the day that our soldiers die for. this is the day that we all live for in america. and to give the opportunity to say, i'm going to buy doughnuts or i can't do it, if you don't like the way that things are today or you want them to continue the way they are today, you can't complain after the election if you don't vote.

so as much as we try and cover the polls and the trends, it's meaningless. >> steve: that's right. you're so well encapsulated. there are a loft people frustrated in this country. now with washington, d.c folks, today is the day you can do something about it. get up and go vote! >> vote democrat or republican, but vote. >> steve: if you're in chicago, vote a couple of times. >> i was talking with rudy guiliani about that before, how important it is for people to vote and he saw the excitement across the country in terms of mitt romney. he's being seeing big, big crowds. he's got other thoughts. >> steve: peter johnson, jr., i know you've got to go vote. thank you so much. >> i do. and i'll be back tomorrow morning. we'll be talk being it and if it's close and ther challenge, we'll be talking about that. >> steve: thank you. all right. straight ahead, our government refuses to call nidal malik hasan a terrorist. now the victims of the fort hood shooting are taking matters into their own hands. then america's mayor, rudy guiliani here, he says americans

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>> gretchen: it's been nearly two months since the attack that killed four americans in benghazi, libya. now we know the white house had to have seen the cable warning that our consulate could not defend itself against a coordinated attack. in fact, a former top intelligence official says, quote, the national security council seized everything. if libya was of interest to this administration, the national security staff saw it. >> brian: the americans deserve the truth about this white house and how they handled this before today's election, or at least on election day? let's ask the former mayor of new york city, rudy guiliani. how important is this for those who are voting today? >> i think may be the most important thing.

i realize the economy is the most important issue, but having the commander in chief that is competent, that knows what he's doing in the area of national security, that has the back of our men and women who serve us is the most important thing we can have. the president let these people down. not just the day that it happened, but months before. two prior attacks on that consulate. one in june, blows a hole in the wall 14 feet wide. do you have to knock this man on the head to wake him up? the red cross-examine british consulate leave. my contention is a competent president would is put the security there months before and this never would have happened. i think a president romney would put it there, a president mccain certainly would have. president reagan would have put there. i worked for president reagan, i can't imagine in a million years if one of his consulates got bombed that there wouldn't be extra security. something strange is going on that's really weird. >> gretchen: some people argue that the narrative didn't fit with what they were selling out

to the voters, which was al-qaeda is on the run and going away. >> that's because campaigner in chief outranks commander in chief. this man has basically been a campaigner in chief for a year. so his campaign and the concerns of his campaign were more important than the lives and the security of an american ambassador, navy seals of the state department employees. shouldn't be that way for a president. that's why i believe we should get rid of him. >> brian: the result is, you have 500 generals and admirals got together, nonaffiliated politically and just said, mitt romney is my guy. john mccain said he's getting the same response. >> i was at a rally on sunday. it was in fort lauderdale. a man showed up who is a veteran of both pearl harbor and he's a veteran of normandy. i think he's 94 years old. stood up, still very strong voice, and he said, because of benghazi, you shouldn't vote for this man. we shouldn't have a president who leaves americans behind.

>> brian: you blasted fema. you said this response is similar and i agree, to what we saw at katrina. and it seems this president is getting a total pass. what could you have done if you were thinking ahead? >> everything they didn't do. >> brian: like for example? >> preposition the water, preposition generators, kind of anticipate the fact that there would be a lack of gasoline and have a lot of that ready to go. then if i actually got one of those things, there are airplanes to bring them in. >> brian: jfk is open. >> when fema said we don't have enough water because we didn't preposition it, first of all, everybody should yell out, what are you a bunch of i have had yachts? next, they could fly it in immediately. they could fly it in today. you could fly anything you want into kennedy airport. if there is lack of water, lack of generators, lack of anything, how comfy ma is not organizing flying massive amounts of this in? you know how close kennedy airport is to where you live, brian. right? >> brian: 30 minutes.

>> right next to breezy point. those poor people have been totally devastated. or where ten people died. this is as bad as katrina. >> brian: he's getting a total pass. so are the governors getting a total pass. >> except fema response is worse because this is a smaller situation. you should be able to respond to this a lot quicker even than you did katrina. as somebody who honestly pretty much knows emergency response. >> brian: do you. >> this is like f minus. this is about as bad as it gets. president is getting away with it. if this were a president bush, you don't want to know what the media would be doing to him. oh, my goodness. they're trying to protect this man just like they're protecting him on benghazi. same problem, by the way. campaigner in chief took over for commander in chief. chris christie embraced him. great job. he takes off to has vegas with his jacket, commander in chief. should say campaigner in chief. then he forgets about us. >> gretchen: that was a very important photo op for president.

>> undeserved one. maybe up to that point he was doing the job. but it's like the minute you gave him the credit, like when he got bin laden, we weren't going to tolerate the fact he didn't. as soon as he got his credit, he's off and rung and his fema is fumbling day after day and the worst part is, people are freezing at night. people don't have enough food. not enough water. people are really, really suffering. if you want to help, donate money to twin towers fund. twintowers.org. they are doing great work, all throughout staten island, the rockaway, long island. set up an office in coney island. they're bringing things to people. >> gretchen: thank you so much, mr. mayor, for your perspective. >> thank you. >> gretchen: coming up, serious allegations this morning, unions putting illegal immigrants on the voters' roles. we'll investigate. >> brian: mitt romney is expected to cast his vote moments from now. stick around. we'll get the chance to see that and see him also campaign, almost unprecedented.

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looshriners hospitals have how everything to do with that. i was in an accident. i was burned. i lost my hands, my feet. i really thought my life was over. shriners did a lot more than just heal me. they helped me put my whole life back together. caitlin's life is one of nearly a million changed by donations from people like you. send your love to the rescue. donate today. >> steve: this is a fox news election alert here in 2012 election central. another state now officially casting their ballots on this election day. polls opening up as we speak for voters in arkansas. voters already across the country hitting the polls as you

can see from the map. right here, you're looking at live pictures from columbus, ohio, the battle for the buckeye state where many say the presidency will be decided. this is a live look at florida, the biggest swing state prize with 29 electoral votes. we're hearing reports of waits in excess of 45 minutes in parts of florida already. meanwhile, atlantic city slammed by monster storm sandy, but that's not stopping voters from visiting polling places to have their voices heard. and having them cast their ballots. >> brian: both candidates have different approaches to today. you have mitt romney who says i'm going to go to two separate states after voting for myself. by the way, it's going to be coming up shortly. you have president obama saying, meet you in chicago. i'm going to play basketball. i'm getting tweets saying, wouldn't it be great if the president went over to some of the storm sites, whether it's new jersey again where the governor closurely likes him or new york city or somewhere on long island or staten island where they would love the

attention. >> gretchen: that's a great idea burks he already got the bounce. 65% said did he a great job before anyone did anything. >> brian: if he keeps the job, look for it to plummet. >> steve: did the presidential things. we had two of their top surrogates from both sides. you'll hear from ed gillespie. here is robert gibbs talking a little bit about what the president has been facing over the last four years, and once again, sure sounds like he's blaming bush. mess. we inherited 800,000 jobs lost in a month. the very first month the president got the jobs report. every one of those statistics has gotten better in the past couple of years because, look, we fell into a huge and massive are we where we want to be? no. we've got more work to do because the hole that we're digging out of, the economic devastation that greeted this president when he walked into

the oval office was deep and widespread. >> they have no plan for a second term or won't lay one out, which is simply because it's going to be more of the same. as governor romney has said when he takes office, should he be elected, he won't just take the office. he'll take responsibility for the office. he's not going to waste any time blaming his predecessor for the fact that unemployment is at 7.9% or household incomes are down $4,300, or 15 million more americans are on food stamps. he's going to get to work right away, starting to turn this economy around, implementing an agenda and the plan he's been campaigning on for the past year. >> steve: surrogating to the very end. >> gretchen: yeah, they have to because the polls stay open until 7 or # -- 8:00 o'clock. >> brian: those two guys have been absolutely integral to both the president and the governor. ed came on and straightened everything out in my estimation. that team got one voice and got on track. robert gibbs was called back because nobody else was able to

do anything. >> steve: he was better for the president. >> gretchen: now it's up to the voters. phil katy not guilty tampa and william lajeunesse is live from los angeles. let's go first to phil. >> hi. good morning. unfortunately here in the tampa area for the past hour, it's been a pouring rainstorm. take a look inside precinct 139. you can see a couple of voters heading in. prior to the rain, take a look at the video we shot an hour ago, several dozen people lined up, at least 100, cast their ballot either on their way to work this morning or on their way to drop off kids. this is a busy precinct, according to the hillsborough county board of elections. but early voting is growing popular in florida. 43% of the registered voters in hillsboro already voted either by standing in those lines and voting early or mailing in their absentee ballots. the reports we're getting from south florida right now, hundreds of people in line,

typically around 9:00 a.m., we're going to have our self a look, it's -- ben. who did you vote for and why? >> i voted for romney. reason being is i'm an energy voter. i really believe that we need to uncork the energy reserves of america to build back our economy. i think here in tampa, a lot of folks don't understand we have one of the cleanest coal plants in the world. >> thanks for voting. have a great day. >> thank you. >> good luck out there. back to you in new york. >> steve: indeed it is. thanks very much. meanwhile,. >> brian: doesn't rain in florida end quickly? >> steve: it was forecast. it's a steady rain, but if somebody is going to -- die get wet or vote in they wind up voting, especially in florida. there is growing concerns in the key state of colorado about election fraud. william lajeunesse has been eyeballing this and reports from the city of angels.

william? >> steve, any claim of fraud is going to be investigated, especially when you've got nine electoral votes and every one matters. colorado has 2.3 million registered voters. more than 80% have already voted and the pollsters call a dead heat. there are two issues to talk about. right now, being addressed by the secretary of state, number one in pueblo, south of denver. some voters said when they tried to cast a ballot for romney, the terminal voted for obama. they tested ten and found they were sensitive to accidental touching, but were not deliberately diverting votes. so voters started to pay attention since the terminals asked them twice to review their choices for accuracy before the vote is cast. secondly, in trying to verify mail-in ballots, hundreds of voters received letters from the state asking them to verify their ballot signatures and they have two weeks to respond. here is a voter. >> i would hate for a lot of people to be in this situation that we don't really know about and that causes a whole

different twist in this election. >> this is a voter protection as opposed to saying you didn't sign your ballot, you're out of luck. >> now, two county clerks were kind of chastised by the denver post saying, listen, because they said they were going to close their -- send their staff home at midnight if they weren't down counting. denver post said really? once every four years you can't keep your staff after midnight? we'll see how close it is and whether they keep their people on duty. back to you. >> gretchen: william lajeunesse, live for news los angeles, checking out colorado. thank you so much. coming up, serious allegations, unions putting illegal immigrants on the voter rolls. we will investigate. that's coming up next. >> brian: i don't think that's legal. then voted for president obama in 2008. this small business owner is changing his tune. the reason? obamacare is killing his businesses.

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get happy. get geico. >> gretchen: shocking allegations out of nevada as voters head to the polls. north carolina group known as alley pack plans to file a complaint that illegal immigrants are being allowed to vote there. in a letter to nevada's secretary of state, it claims the illegals are intentionally being registered and then pressured to vote. 148 victims and family members suing the government now over the massacre at fort hood. they say the defense department is avoiding legal and financial responsibility by calling the shooting a workplace violence attack instead of a terrorist attack. 13 people were killed, including a pregnant woman. guys? >> brian: in 2008, our next guest was a proud supporter of president obama. as a registered democrat and small business owner, he believed a vote for obama meant a vote for job creation. four years later, he decided the president needs to step aside. >> steve: and joining us now is the owner of 35 appleby's

franchises in the new york city area. good morning to you. >> good morning. >> steve: why did you switch? >> i guess four years living under obama made me switch. >> steve: wait a minute. you voted for this guy. >> you're absolutely right, i did. but what he said and what he did turned out to be two dramatically different things. >> steve: what happened? >> i guess we could ask him. look, it's not his fault. he's an ideologue. he's never been there, never ran a business. probably a pretty nice guy. but he's clearly over his head. >> brian: for example, on the grassroots on the fundamental, the restaurant, you want to go out for an affordable meal, appleby. so how does that affect you with your employees and obamacare? what does this mean for you? >> i wish i knew because -- >> brian: you still don't know. >> it's 2700 pages. i guarantee you, he didn't read them. so i didn't read them. and i don't know anyone that did. >> brian: but you did know about the 30 hours, right? >> i know about the 30 hours. >> brian: which means? >> it means we have to look at our labor force and we have to

see how many people will fit underneath that 30 hours and how many may be need to fit. >> brian: you can't afford to give everybody health care. >> capital finds its most efficient use. it's most efficient use is not add to go overhead. its most efficient use is expanding a company and hiring people. so they pay their own health care. without a job, yeah, you need the government to give you healthcare. if you have a job, maybe it's not as important. the reality is this will create less jobs. guarantee. bet my company on it. >> steve: one of the things not only has this administration created this headache for you with healthcare, but under the department of labor, they are constantly contacting you and they're changing the rules. >> harassing us. >> brian: in what respect? >> some guys came after we gave them extra jobs. they worked in one restaurant. we know over 40 hours you get overtime. so we would move them no another restaurant because they wanted

to make more money. when they went to the other restaurant, the dol says they can't work in two separate restaurants unless they get a time and a half at the second restaurant. we actually had a guy move to chile and the dol came after us to pay him time and a half overtime when the rules changed in chile. >> brian: not chili's. >> no, no. >> steve: don't even bother bringing up bennigan's where brian used to work a long time ago. >> how dare you bring that up. >> brian: they're out of business. >> steve: have you told your employees, this is how i'm voting because it's impacting our business? >> no. what i tell our people is, people are dying in iraq and all over the world for the rye to vote. and i urge all our people to just go vote. i'm not going to impose on them who to vote for. but die urge them to all go vote. >> brian: one of the small business owners, entrepreneur who are hiring people and creating opportunities and taking the risk, we need more of

them. congratulations on your success and new restaurant that you're about to open. >> thanks so much. >> steve: you watch, next time we stop by, he's going to want a preappetizer. >> he's always my guest. >> steve: straight ahead, 12 minutes before the top of the hour. here on election day, virginia, governor bob mcdonnel is next. his state facing major job losses in sequestration. how will that affect today's voters? >> brian: it's the highlight of my day, my chance to toss to martha mccallum and findity what her and bill are prepared for us for the next two hours. >> hey there, good morning. it's a big day. countless speeches, millions of ads, three dig debates, all now baked in the cake because today is the day america decides which way we're heading. 44 get another four years or is america ready for his 45th president? bret baier, megyn kelly, bill crystal, me, bill, we will see you at the top of the hour [ female announcer ] you spend weeks planning it. you spend all day cooking it. so why spend even a moment

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>> gretchen: welcome back. no matter who wins today's election, thousands of jobs in the state of virginia are at risk in 2013. why? because under sequestration, automatic cuts to defense spending will go into effect on january 2. virginia is home to thousands of defense jobs being so close to washington, d.c joining me now to discuss and so much more is bob mcdom. good morning to you. >> good morning. >> gretchen: it's interesting because the administration was successful in stopping these pink slips to go out to some of these workers. right, because it would have happened right before the election? >> it was. these sequestration defense cuts are really devastating to virginia and to the military. that's secretary panetta's own words, dramatic reductions, a trillion dollars of defense cuts

over ten years at a time of war, just the wrong policy, gretchen. for us economically, it's over 207,000 jobs, more than any other state. in virginia, that's a tremendous hit. the president has been a bystander for a year. he could have helped stop these, have a more balanced approach to spending cuts which we need. but he's failed to do that. then to say at thend, well, if you don't send out your pink slips warning people under the law, we'll pay your legal fees. i think it was really atrocious policy that he set in place. so defense folks i think are on notice and i think they'll be casting their votes accordingly and i think governor romney is the only one said i'll reverse these and build the navy back up and have a more balanced approach to cuts. >> gretchen: let's take a look at how the numbers break down that you allude to do in your state. 136,191 defense jobs affected. 71,380 nondefense jobs for a total job loss of over 200,000.

it was interesting because in one of the debate, the president said that he was going to get rid of the sequestration. was that news to you? >> yeah. i think he misspoke in his handlers came out and immediately started to walk that back. this was the budget deal last august to avert the shut down of the federal government and probably a global crisis. it wasn't a great deal, but nobody thought it was going to be a policy. it was just going to be a ham tore get a deal done. and the president just failed to lead on this and to come up with an alternative way. the house of representatives passed a bill to avert this in may and harry reid won't take up the bill and the president won't address it. so i think it's something that defense related voters ought to be concerned about and vote accordingly. so the president's got no intent of doing that. if he really wanted to do it, he'd have done it already. >> gretchen: interesting. okay. i know that you have something to say about the gubernatorial races around the country. so let's take a look at north

carolina. pat mccory, republican versus the democrat. how do you see this one going? >> i think pat mccrory will win overwhelmingly. former mayor of charlotte, great business guy. he's been up by ten o 15 over the last couple weeks. he'll be the first republican governor in 24 hours in north carolina. so from virginia to florida, it will be republican governors. then we're very excited about three other races. new hampshire, montana, and washington state, all margin of error, we're up by three points in washington state where we vent had a republican governor in 28 years. so i think we can win anywhere from two to four races tonight. if we win four, it will be the heightest republican governors in 90 years in america. they'll be great partners with mitt romney. i think it will be a great day for we republican governors to restore federalism and help govern this country better. >> gretchen: okay. good to see you. out of virginia, you heard his pick. he thinks mitt romney will win.

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>> gretchen: fox news alert. troubling report that bullying tactics at polling places in philadelphia,'s gop says minority meaning republican inspectors, are being thrown out of polling locations. i'm not sure what that means. one inspector tells us the democratic judge forced her to leave, apparently because she was a registered republican. we just learned the rnc has gotten a court order allowing them in. >> brian: more on this on foxnews.com. >> steve: this is reminiscent of 2008. the new black panther party once again apparently